Perry v. Ohio Insurance
Ohio Supreme Court
Covenant upon a policy of insurance, reserved from Hamilton. The policy was for four thousand dollars, “ on the entire of the steamboat Belle Creole, including her machinery, furniture, etc., for four' months, etc., with the privilege of navigating the Mississippi and Ohio rivers, with such of the tributary streams as are safely navigable.”
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Covenant upon a policy of insurance, reserved from Hamilton. The policy was for four thousand dollars, “ on the entire of the steamboat Belle Creole, including her machinery, furniture, etc., for four' months, etc., with the privilege of navigating the Mississippi and Ohio rivers, with such of the tributary streams as are safely navigable.” It is stipulated in the policy that it shall be lawful for-the boat to “ sail to, touch, and stay at, any ports and places thereunto obliged, by stress of weather or other unavoidable accident, without prejudice to this insurance; ” and “in case of any…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
■The defendants object to the charges for towage, for the wages *278and subsistence of the crew, either in making port or while in port repairing; and claim a reduction from the charge for the> shaft of one-third, upon the marine law of one-third “ new for old.” They claim further, that so reduced, the amount will be less than five per cent, on the sum insured, and so will not be within the policy.
This insurance is, for time, upon the boat, her machinery and furniture, and stipulates for their safety. The policy does not insure a profitable freight,…
2Cases cited4 opinions
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Dunham v. Commercial InsuranceNew York Supreme Court · 1814
- M'Bride v. Marine InsuranceNew York Supreme Court · 1811
- Sage v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
3Cited by2 opinions
- May v. Delaware InsuranceSupreme Court of Pennsylvania · 1852
- Shattuck v. PeopleIllinois Supreme Court · 1843